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Why didn't the IRA process my return, and what does it mean?

I sent in an amended 2007 1040 on 4/12/11, according to my certified mail receipt. I was carrying back foreign tax credits from 2008 to

2007, and expected a $2500 refund. I did the same thing for my son and he got his refund in about 3 weeks.

I called their 800 number and found they had no record of it. I held

1 hour for a human. She was able to find the return (received on 4/19/11, which my receipt agrees with) but notes that it has not been processed. She did not see any reason it had not been processed, and put it up for investigation; I should hear back within a month.

How can they receive a return and simply not process it? Assuming my amendment is valid, can I still expect to get my refund without excessive fuss?

Reply to
Confused
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Note that your refund claim was received one day AFTER the period of limitations (as extended by the holiday/weekend rule, but ignoring the carryback nature for the moment). Some types of claims must be received by the IRS before the expiration of the period. Others can be accepted under the "timely mailing" = "timely filing" rule.

In your case, the carryback year controls the period of limitations, and you have a year left.

I had a case earlier this year where 2007 was the generating year of a [NOL] carryback with the amended return (for 2005) received by the IRS on April 3 (i.e. 15 days left on the ASED), and they denied that claim as untimely. I won the timeliness issue in Appeals earlier this month.

In return processing, the IRS often hires seasonal employees who don't know the full set of rules.

Reply to
D. Stussy

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